Alimony

Alimony

As soon as the marriage takes place correctly, the marital relations between the existing parties and the rights and duties of the spouses towards each other are established. One of the most important duties of a man is to pay alimony. According to the law, the alimony of the wife in a permanent contract is the responsibility of the husband.

After proving the marriage, the woman is entitled to all normal and appropriate needs of the woman, such as housing, food, furniture, household and medical expenses, and the servant in case of habit or need due to disability or illness according to Article 1107 of the Civil Code.

If the wife requests payment of alimony, the burden of proving payment is on the husband because the principle of non-payment is and the man who speaks against the principle is considered a plaintiff and the wife denies and according to the jurisprudential rule: The burden of proving the claim is that the couple is responsible for paying alimony, and if the couple fails to prove the payment of alimony, the crime of leaving alms will be committed and the couple will be sentenced to 6 months to 2 years in prison. The crime of leaving alms is a continuous crime. Payment of alimony is subject to obedience by the wife, which is an exception.

Right to imprisonment

For the right of imprisonment, the wife can refuse to perform her duties towards her husband until her marriage portion is surrendered, provided that her marriage portion is present and this refusal will not be the right of alimony. Of course, the main condition in this matter is that the marriage portion must be present.

Will the wife become the owner of alimony or not?

Here, a distinction must be made between consumable and non-consumable property. Property that is not consumable, such as a house or a car, does not become the property of the wife, and the wife will have the right to use it. Consumable property such as clothes, etc. becomes the property of the wife, but when the husband buys clothes or perfume for the wife, for example, and the husband says that you must use this perfume yourself, the wife will no longer have the right to transfer it to others, but the property consumables are supposed to be owned by women.

If you have any questions about alimony and related legal provisions, or if you need guidance in preparing and enforcing the provisions of the petition and the alimony bill, our experienced counselors and lawyers at the Asia Lawyers Group will answer your questions.